[chevyjewel]

I guess what I'm wondering is if it's possible to gain "approval" of sorts from a foster child's tribe to adopt an ICWA child should they become concurrent or rights of their parents are terminated?

If it is possible to gain this sort of approval (if that is indeed what it is) is it a process? What is the process?

Does it matter or would it help if my adopted father is Native American? In adopting me, and having his name on my birth certificate would that give me any sort of legal advantage? My grandfather is an enrolled tribe member but my dad is not, would that matter?

[embuck]

I know each tribe has different rules and you need to contact them for more detailed information. I am sure you can locate a number to speek with someone and tell them your situation. If there is anyway to possibly start a pre approval process I am sure your grandfathers tribe number or card number will not hurt the process. I think you can be adopted into some tribes and some you must have a certain quantum regardless of relatives. Contact your tribe!

[chevyjewel]

I have been on contact with my foster kiddos tribe so maybe Monday I will start there. They actually sent someone out to talk to me about introducing simple language and music to the kids and attending ceremonies and pow-wows. I know they really liked how enthusiastic I was and have shared that with the kids workers, perhaps that'll also work in my favor.

I have no idea how this case is going to go, and I am rooting for RU (for once! Seriously, I really LOVE these kids' mom) but it's taken some odd turns lately and one never knows. I want to be sure hubby and I are as prepared as possible if the opportunity for adoption does present itself.

Thanks for the advice!

[mommy2fiveplus]

I don't mean to discourage you but I just want you to have an accurate picture of the situation; It is VERY difficult if not impossible to adopt an ICWA child, even if that child is older, has massive physical and mental health issues and is considered "difficult to place", let alone any child that has even fewer barriers to adoption, unless you too are Native American. I have seen many cases where the tribe would rather leave these kids in foster care until they age out than have them placed in permanent adoptive homes.

If the kids go to concurrent planning while in your care they will be moved to an eligible ICWA home or left with you until termination and then they will attempt to recruit an ICWA home. The kids could remain with you for years but you would be unable to adopt them unless you gain approval from the tribe and I have yet to see that happen, even in the case of a child that has been with a foster family since birth until age 6 and the family was active in supporting his involvement in tribal activites and in the case of three teens (sibs) that were in care for 4 years and ended up aging out, even though the foster family wanted to adopt them. The tribe did give that family "legal guardianship" of the kids, mostly because it made things easier, like getting a driver's license and put less restrictions on the family for moving (they moved out of county while kids in care).

I think it is sad that this happens, but to some extent I understand the tribes point of view. Many things are lost to children who are adopted, esspessially out of foster care. The tribes are shrinking and fewer and fewer people are passing on the heritage, they are basically facing extinction and they figure at least each and every member should be given the choice to embrace or ignore thier birthright. As great as foster parents are , they often do not have an intimate knowledge of different heritages and they can try to involve kids in the tribal experiences but it is not quite the same as growing up native.

The part I find disturbing is that staying in a non-native foster home, does not allow the child to grow up native either, it does allow the tribe access to the kids and essentially forces the foster family allow the child access to the tribe, but I think many adoptive families would be open to this anyway.

I have watched the tribe place children in substandard housing because they (the caregivers) are native and I sometimes agree with this as long as the placement is safe. They may not have as much money (depending on locale), they may not have all the amenities, they may not have the education, but they can be provided resources (sometimes more than foster families) and they can provide the child with something so special and important that I can see the value in that kind of placement AT TIMES.

I hope that it works out for you but don't get your hopes up because it is an extremley difficult road.

[chevyjewel]

Originally Posted by mommy2fiveplus

let alone any child that has even fewer barriers to adoption, unless you too are Native American.

That's the thing though. I believe I am, at least legally I am if you'd of read my first post.

I know way back when my high school couselors informed me I was eligible for college grants based on my Native American "heritage" or rather the heritage my father graced me with in my adoption by him. If I'm legally eligible for those sorts of benefits why would that heritage not be recognized in this situation as well?

Living in MN, in a smaller town surrounded by reservations, AND in working with other Native foster kiddos before these two I know exactly how difficult it is to work with them at times. My question really was, was it impossible to gain approval, and how does that process go. I've worked with enough tribes to know how adament they are about preserving their culture and I respect that to the fullest.

So thanks but no thanks for all the discouragement. Not to be rude but it's exactly what I didn't need. I'm not sure who would have appreciated that. I don't think I came across as unrealistically enthusiastic so I fail to see the reason for your rant.

[mommy2fiveplus]

Sorry you felt I was ranting, not my intention.

I guess you know more than I do, I can only go off my experiences and I was trying to give you the picture I had and circumstances I had witnessed. In the future I will mind my place and only reply to your posts if I have something supportive to say.

[OakShannon]

Chevyjewel,

I don't have a lot of experience with this, but my foster son's case was originally stamped ICWA because his mother claimed to be Naive American. (In our case, I think she was just trying to stall the legal process.) We were told that there were several children in the county who did fall under ICWA who had been adopted or kept in foster care within the local county. The case worker said that the tribe has complete discretion to decide whether or not to take responsibility for placement of an ICWA child - and they also decide whom the child will be placed with.

So, from that, I would assume that it IS possible. If the tribe agrees that it would be in the best interests of the children to remain with you - and particularly since you are Native American yourself by adoption - they could leave the children in your care. I'm not sure how often that happens, but talking with the people you've worked with in the tribe sounds like the perfect place to start.

Good Luck!

[devildogwife]

My son was never in foster care, he was a private placement. My son is full Native American and his tribes could have stopped his adoption, however his tribes consented and tribal rights were terminated along with parental rights. It's totally up to the tribes discretion. So like others have said, possible but rare. HTH!

[chevyjewel]

In reading what I wrote now I feel awful! Wow I came across as a crank!!! I apologize, it was just one of those mornings and I obviously got caught up in it, taking my frustrations out in the wrong direction. So sorry!

Thanks to those who shared their personal stories of gaining tribal approval or terminating tribal rights to a child. Either way it goes will be fine, as long as the kids are happy but that makes my heart soar! Who knows how these things will ever turn out, at least now I know though that there may be one more option out there for them. Definately worth exploring further for everyone's sake!

[mommytoEli]

we adopted 2 children where icwa was found to apply. the children's dad was native american...on the rolls along with all of his siblings and their children. our children, however, were never registered. it took a l-o-n-g time to sort out. the tribe was notified....it was their decision what would happen to these children. they did in fact waive their rights to these children and allow them to be adopted by us....2 non native american people. it does happen. i fully believe it depends on the tribe.

i'm not sure what the procedures are, but i know it must be the court that notifies the appropriate tribe. i'm not sure how your adoptive heritage will play into the decision making, but i don't think it hurts to make it known....especially if you are having on going contact with tribal members (from any tribe) or attending any festivities, meetings, etc.

all that to say, yes, it is possible, and it does happen. be cautiously optomistic and just continue to move forward.

[akdad]

All of our five foster an adopted daughters are Alaska Native. it is hard dealing with this system. It can be done. My best advice is if it is at all possible get to know the families and tribal members and show them that you are interested in preserving their heritage . Our 13 year old daughter was placed with us at birth. In the last few years we got to know our daughters grandmother after her husband died. We take her fish and moose when we get it. A year ago we found out our daughters newborn sister was in foster care .The family and tribe fought to get her placed with us and her adoption should be completed within a month.